New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-01-02
SET FREE FROM SING SING
GOVERNOR HILL PARDONs TWO MEN.

| covered the body OF the sidewalk, opposite
No. So with his hands crossed and his hat under his
| head The look the mans face caused the lamp
lighter tc believe that he was dead, and be
called to Officer Edward Carey. who passing.
The officer found the mans pulse still beating cut
was ever OF his eyes and his pulse throbbng.
His pockets turned inside out though they
had been riAcd Summoning assistance tho officer
carried the to the police station, but he died on
the way. He identified by Abram Morris as his
brother-in-law. John Ryan,
Officer Michael Scsnlon of the Ninth Precinct, re-
| ported that at 2.30 O. IN. he had encountered Ryan
trying to get into liquor store Bedford aud Car
mine ats. lie advised Ryan 20 homo and continued
| OH his post. Shortly sfterward he met three men,
Joseph Font Thomas keenan, and William Poole,
about the middle OF the block between Carkson and
Bedford ats. The said they on a little
racket" and continued in the direction taken by
| Ryan. Acting this statement Police Captain
Kennedy directed Det ective John W. Noble arrest
Poole. Keenan, and Font. On Monday morning Font
hearing that the officer was looking Tor him, gave him-
so up and Noble arrested Poole the oyster scow of
| J. Il j. W. Ellsworth at West Tenthst. On Poole
was found handkerchief saturated with blood viii,
| he said had come from his nose. An auto psy
mado on Ryans body by DR.. Leopold Goldsmith, who
certified that the skull had been fractured in several
| places.
At the inquest the coroner's jury fixed the murder
| on Poole Font and Keenan, ana they were indicted
Tor murder. On November 10, 1877, Poole and Font
placed trial i'll the Court OF General Sessions
| before Recorder Hackctt The principal evidence
| against them that of Detective Noble, who, by
order of Captain Kennedy, placed IN a cell near
| thr accused men while they in the Ninth Pre-
Station. lie testified that he heard Poole
| Font OF giving HIN away, which Font denied, and
asked Poole what he had done with the stick To this
Poole replied that he had thrown the stick IN the river
advised Font TO L" keep mum" or they would get
their Gecks stretched Noble prodt ced me mGmoran1
DUN book IN which no claimed that he had J0tted
down the conversation he had heard between the
prisoners. The trial lasted but day, and so weak
| was the for tho prosecution to the mind OF the
prisoners counsel that he confidently expected
verdict OF acqutta. But the jury rendered verdict
of puty of murder in the second degree aud Recorder
| llackctt sentenced Poole and Font TO Imprisonment
| Tor hc in the Sing Sing Prison. Keenan, was never
brought to trial. For over two years the prisoners
| remained IN thc 1ombs while the counsel cndeavored
to obtain new trial All his efforts in this direction,
however. lrlitless. aud on March 10 1850, the
men entered upon the term OF their imprisonment.
n 1NSi William +. q. Shauks, who had previously
| been City Editor OF InE lElBUN WAS eIposln.
| through rnE tribune various frauds in connection
with the jury ~ stem. and his attention called TO
| this case. lie examined the testimony aud became
convinced that the men were innocent. and tried to
| Obtain a ! ar,l,n for them from Governor Cleveland
The Governor sad that # the jury had recommended
| the men To mercy he would consider the case Mr.
Shanks then obtained, LAST Of tue Jurors and visited
each one 10 see If mercy had been recommended.
Upon the records in the ease appeared the names OF
| Henry uazclton, tho piano manuacturcr OF No. 81
Unyerslty-Dacc. and J W. Hartley. secretary OF the
| United States Illuminating Company, OF No. 90
Lbcriy-st Mr.. Shanks called upon these men and
astonisLed them greatly VIXEN he disclosed the object
Of nis visit. Tncy declared that they knew nothing
about and had served upon such jury.
They said they had been served with subpgnas
to appear urymen IN any such case.
Mr.. Shanks also Noble and 10 him Noble showed
the memorandum of the conversation between Poole
and Font in the police station. aod from il made ont
that Poole only accused Font of giving him away"
Tbs Noble said might apply to almost thing, aud
he wOnd make an a'hdayit to that elect for -hh-
mission to the Governor The affidavit was drawn up,
but Noble, on advice OF his lawyer w0uld not sgn II
unlc-s hc had assurance that M Go would not
reflect him IN grandn 'Ao pardon THIS assurance
could tII 10, ..cn ~! hc did not swear TO the
t.i. Ia the meantime other persons haG interested
themselves ~ behalf oi 20 lr and Font. Among these
prominent Roman Catholic clergyman. who told
the Governor that Captain kennedy, who had died
tbrco yeurs atlcr the men entered Sing sing.
snor, time before his death told he priest that he
believed Noble had falsely Shen he recounted
the conversation which he claimed to have o'erhcard
between Poole and FOlt.
Governor Cicy cand had not reached any conclusion
when ho was elected President. and the matter was
turned over TO Governor HILL Mr.. Shanks and
the others interested IN the case still continued
their efforts to secure the release OF the men,
Governor Ilill sent for the lawyer who had
defended them and asked his opinion OF the case.
The lawyer SAID that Font might be innocent
This led the Ia investigate tho mauer more
thoroughly and his Investigations. together with the re
port of Warden r al that tie were exceptional con
victs and that Poole had developed studous habits led
him Ia pardon them. Tho Governor IN ENlnS
hs reasons Tor par,ioning them says substantially
The character Of the convcts previous TO convc-
ton had not been OF tho best They had been Wild boys
more or addicted drink. and had given the police
In their neghbOrhOOd good deal OF trouble The ciroum
OF the crime shrouded In mystery and no
direct evidence could bc brought against them save that
they In the locality at tho time In question But
policeman The trial To certain conversation be-
tween the conyic while they occupied adjacent cells In
tie police station between the time Of their arrest andtho
preliminary 1Naihaph anu i pe,oo to ~ YIN, ,I,
ing To show that they admitted in the eonerS"uoh That
III was principally wholly this evidence that
conviction was had They were indicted for murder In |
the first degree and Of this they guilty II guilty OF
convict them OF high crime. and thus deprive them of
life, tho testimony oetore them. They evidently too
had, eltItfu I'm Nulln
unanimously recommended them to the mercy OF tho
court as % s . pson s%Sn'''& ners to sa
era sAldayiis from persons of the highest standing
DC @ & s 3 ssy To Of *: death hat that S ei
that his subordinate had committed wiifu and corrupt
the question OF guilt innocence is strong point In
favor OF the prisoner discharse especially az the police
There s another point ia this laid before me.
From aid%yts Of Pap9T' PG on I' IT sn.wn & beyond
the jurors who by Tho record, OF the court
appear having served thi, trial did not as mat,er
who answered to these Jurors names and sat Instead out
won their noTss" Ge oG Two nms %TGrs ID n bs c"
munity. which, In Itself Is most repchehsiDo iaud,
calculated snake the faith OF citizens In Jury trials Yet
dncs not furnish conclusive reason or the prisoner
p,T iw TRc rc.nt mlrht have been The same II tho
two inporoomacd Jurors had served But IL NAV be con
sdcred IN connection with all the other circumstances Ia
application for ccmcncy which has fallen under my
obscrya alton has received more painstakng investigation
dcbcraiOn than tia and tho fesults reached have
only arrived AT after the most rcconsderaton
The conNcs have been actually IN prison ten years.
IA which equals years, allowing re-
ton good conduct term which seems 10 me 700
long considering all the peculiar SURROUNDINGS OF tne
cn-r and "A great doubt which exists In my mind as u
their quit. ! have therefore determined To grant
unconditional pardon to these o0hVicts Ill
tho belief that justice viii DO octtcf
10y allowing them To rest longer under con
yicon and sentence which brought about almost en-
trcly by the testimony OF single witness whose truth
funcss doubted by his superior officer ana jury
hn nf The
was "A upon the community and disgrace u the
administration OF Justice
Fonts mother died July %, hoping to the last that
her boy in whose innocence she dey outy believed.
would eventually pardoned, and about four years ago